2 House jobs on the line

Edgy members of Congress pay Albany lobbyists to ensure redistricting doesn't cut out their seats

By Rebecca Melnitsky

Updated 10:02 am, Wednesday, February 29, 2012

ALBANY — It's time to cut two of New York's congressional districts, and as Heidi Klum says on "Project Runway": "One day you're in, and the next day you're out."

Except in this case, members of Congress have an edge: They can spend tens of thousands of dollars in campaign funds on lobbyists to help ensure that their districts remain viable for re-election.

Following population data from the 2010 census, the state will lose two U.S. House seats from its current 29. The redrawing of those districts is close to completion, according to members of LATFOR, the legislative panel that controls the once-a-decade redistricting process.

But what are the elected officials getting for their money? It's not something they like to talk about in depth.

Hanna's spokeswoman Renee Gamela said in an email, "Congressman Hanna has retained an adviser for his campaign during the reapportionment process" when asked about the $22,500 paid to Michael Avella.

The record filed by Avella with the new Joint Commission on Public Ethics, which oversees lobbying, says that "Administrative, Executive and Legislative Branches of Government" were lobbied for "Congressional Redistricting" on Hanna's behalf.

Joseph O'Brien, Engel's press secretary, confirmed the $40,096 paid to Empire Strategic Planning was "guidance and counsel on redistricting." The firm is run by former state Sen. Nick Spano, who earlier this month pleaded guilty to underpayment of state and federal taxes, a felony plea that has no legal impact on his status as a lobbyist. Engel fired Spano after his tax plea.

Lobbyists rely on personal connections to influence state officials and ensure lines are drawn in their client's favor, said Bill Mahoney of the New York Public Interest Research Group. "It definitely illustrates how political the redistricting process is," he said.

Barbara Bartoletti, Legislative Director of the League of Women Voters of New York, isn't surprised by the spending. House members "hire lobbyists to get the lines they want," she said, adding that representatives are dependent on the majority conferences in the state Legislature, a body in which their influence can be limited, to redraw the districts.

Bartoletti noted Avella was a former top aide to the state Senate Republican conference (under its previous leader, Joe Bruno), while Patricia Lynch, whose firm Higgins hired for $55,086, is a former spokeswoman for current Assembly Speaker Sheldon Silver. The record states Lynch lobbied for "Monitoring only for potential reappointment legislation."

Crowley spent $26,038 on lobbyist Brian Meara, who is a close Silver friend.

"This is further validation for what we good government groups have been saying all along," Bartoletti said. "The lines are drawn by incumbents."

McCarthy paid $15,304 to Brown & Weinraub, whose principals include Michael Boxley, a former chief counsel to Silver. (The state records do not list Boxley among the lobbyists working on McCarthy's account.) McCarthy's spokesman Shams Tarek confirmed that the lobbying was for redistricting, calling it "a standard practice."

Kathy Hochul paid $10,503 to Bolton-St. Johns for "legislative and regulatory representation in New York State." Her spokesman didn't return a call for comment.

These six members of Congress might have special reason to be worried by this round of redistricting: Many believe that the two eliminated districts will come from Western New York and New York City, and will likely ditch one Republican and one Democratic seat.

Higgins' 27th District comprises Chautauqua County and a part of Erie County, including roughly half of Buffalo. Hanna's 24th District cuts a lopsided halfmoon through central New York and contains Cortland, Chenango, Herkimer and Seneca counties. Hochul's 26th District is in western New York and includes Genesee, Livingston, and Wyoming counties.

Crowley, McCarthy and Engel's districts are downstate. Crowley's 7th District has the northern part of Queens and the eastern section of the Bronx, while McCarthy's 4th District covers the western part of Nassau County. Engel's 17th District has parts of the Bronx, Westchester and Rockland counties.

Engel, a House member since 1989, gained his seat in 1993 when he was redistricted from the old 19th District. In the 2002 redistricting, he managed to keep his power base intact while gaining the southern half of Rockland County from the old 20th District, which was parceled off to four other districts.